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The Dynamic System Theory of Legal Protection for Personal Information Rights Infringement
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作者 莫杨燊 NI Weis 《The Journal of Human Rights》 2024年第1期143-172,共30页
The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessmen... The advent of the big data era has presented unprecedented challenges to remedies for personal information infringement in areas such as damage assessment,proof of causation,determination of illegality,fault assessment,and liability.Traditional tort law is unable to provide a robust response for these challenges,which severely hinders human rights protection in the digital society.The dynamic system theory represents a third path between fixed constitutive elements and general clauses.It both overcomes the rigidity of the“allor-nothing”legal effect evaluation mechanism of the“element-effect”model and avoids the uncertainty of the general clause model.It can effectively enhance the flexibility of the legal system in responding to social changes.In light of this,it is necessary to construct a dynamic foundational evaluation framework for personal information infringement under the guidance of the dynamic system theory.By relying on the dynamic interplay effect of various foundational evaluation elements,this framework can achieve a flexible evaluation of the constitutive elements of liability and the legal effects of liability for personal information infringement.Through this approach,the crisis of personal information infringement in the era of big data can be mitigated,and the realization of personal information rights as digital human rights can be promoted. 展开更多
关键词 personal information digital human rights dynamic system theory constitutive elements of torts LIABILITY
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Research on Data Theory of Value
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作者 Li Haijian Zhao Li 《China Economist》 2024年第3期21-38,共18页
This paper explores the data theory of value along the line of reasoning epochal characteristics of data-theoretical innovation-paradigmatic transformation and,through a comparison of hard and soft factors and observa... This paper explores the data theory of value along the line of reasoning epochal characteristics of data-theoretical innovation-paradigmatic transformation and,through a comparison of hard and soft factors and observation of data peculiar features,it draws the conclusion that data have the epochal characteristics of non-competitiveness and non-exclusivity,decreasing marginal cost and increasing marginal return,non-physical and intangible form,and non-finiteness and non-scarcity.It is the epochal characteristics of data that undermine the traditional theory of value and innovate the“production-exchange”theory,including data value generation,data value realization,data value rights determination and data value pricing.From the perspective of data value generation,the levels of data quality,processing,use and connectivity,data application scenarios and data openness will influence data value.From the perspective of data value realization,data,as independent factors of production,show value creation effect,create a value multiplier effect by empowering other factors of production,and substitute other factors of production to create a zero-price effect.From the perspective of data value rights determination,based on the theory of property,the tragedy of the private outweighs the comedy of the private with respect to data,and based on the theory of sharing economy,the comedy of the commons outweighs the tragedy of the commons with respect to data.From the perspective of data pricing,standardized data products can be priced according to the physical product attributes,and non-standardized data products can be priced according to the virtual product attributes.Based on the epochal characteristics of data and theoretical innovation,the“production-exchange”paradigm has undergone a transformation from“using tangible factors to produce tangible products and exchanging tangible products for tangible products”to“using intangible factors to produce tangible products and exchanging intangible products for tangible products”and ultimately to“using intangible factors to produce intangible products and exchanging intangible products for intangible products”. 展开更多
关键词 Data theory of value data value generation data value rights determination data value pricing
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An Evaluation of the Core Controversies in Contemporary Western Human Rights Theory——A Study Based on the Examination of the Criterion of Fidelity to Practice
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作者 李聃 LI Donglin 《The Journal of Human Rights》 2023年第3期658-683,共26页
The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The deb... The development of theories on human rights with Chinese characteristics and China’s engagement in global human rights governance cannot be separated from attention to contemporary Western human rights theory.The debate between naturalistic and political conceptions of human rights has a long history,but discussions on the basic criteria for evaluating human rights theories have been insufficient.This article,focusing on the criterion of fidelity to practice,attempts to identify the development trajectory and direction of human rights theory.The universal claims of naturalistic human rights perspectives and the human rights catalog they propose have been criticized for deviating from practice.On the other hand,political conceptions of human rights,while emphasizing domestic human rights practices,have been criticized for their occasional nature and perceived loss of criticality.The broad-way practice theory seeks a third way that goes beyond the divide between these two perspectives.On the one hand,the theory itself faces limitations and the need for reshaping,while on the other hand,the traditional singular practice theory is also undergoing self-renewal.It can be said that the“internal critique”of contemporary Western human rights theory is already underway and will continue. 展开更多
关键词 human rights practices naturalistic conceptions of human rights political conceptions of human rights the broad-way practice theory singular practice theory
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Promoting Development and Innovation of China’s Human Rights Theory 被引量:1
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作者 LUO HAOCAI president of the China Society for Human Rights Studies 《The Journal of Human Rights》 2011年第6期2-3,共2页
This year marks the 90th anniversary of the found- ing of the Communist Party of China (CPC). As Party General Secretary Hu Jintao said, for the past 90 years, under the leadership of the CPC, the Chinese people hav... This year marks the 90th anniversary of the found- ing of the Communist Party of China (CPC). As Party General Secretary Hu Jintao said, for the past 90 years, under the leadership of the CPC, the Chinese people have accomplished the three missions of New Democratic Revolution, the Socialist Revolution and reform and opening-up. During the process, the Party and the people have opened a new path of socialism with Chinese characteristics, formed the theory of socialism with Chinese characteristics, as well as established a system of socialism with Chinese characteristics. 展开更多
关键词 CPC s Human rights theory Promoting Development and Innovation of China INNOVATION
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Summary of the Seminar on “70 Years of the PRC’s Human Rights: Path, Practice and Theory”
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作者 魏晓旭 XU Chao(译) 《The Journal of Human Rights》 2019年第3期384-395,共12页
The seminar"70 Years of the Prc’s Human rights:Path,Practice and Theory",sponsored by the china Society for Human rights Studies and the Publicity Department of the c Pc Jilin Provincial committee and organ... The seminar"70 Years of the Prc’s Human rights:Path,Practice and Theory",sponsored by the china Society for Human rights Studies and the Publicity Department of the c Pc Jilin Provincial committee and organized by Human rights research center of Jilin university,was held at Jilin university on May 9,2019.More than 100 officials,experts and scholars from state organs,universities and research institutions attended the seminar.The seminar focused on the historical development experience of the cause of human rights in china over the past seven decades since the founding of the People’s republic of china(Prc),as well as china’s human rights practices and theories and the promotion of human rights diplomacy and china’s right to speak on international human rights.The seminar was conducive to further understanding the development progress of human rights in the People’s republic of china,building consensus on human rights,and promoting the integrity and innovation of theoretical research on human rights. 展开更多
关键词 PRC HUMAN rightS road HUMAN rightS practices HUMAN rightS theories review
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In-depth Understanding of Classic Marxist Human Rights Theory
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作者 鲜开林 HU Liang(译) 《The Journal of Human Rights》 2018年第3期252-262,共11页
The Marxist human rights theory is embodied in several important works by Karl Marx and Friedrich engels. The key point to understand Marxist human rights theory is to read the texts of classic works of Marx. only in ... The Marxist human rights theory is embodied in several important works by Karl Marx and Friedrich engels. The key point to understand Marxist human rights theory is to read the texts of classic works of Marx. only in this way can we grasp the essence of the theory more clearly and internalize it as genuine belief and emotional identity. This theoretical guide should be implemented in concrete actions through concerns and answers to practical questions, in order to highlight the era value of the classic Marxist human rights theory. 展开更多
关键词 MARXISM human rights classic theory
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Basic Categories of the Chinese Socialist Human Rights Theory
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作者 陈佑武 《The Journal of Human Rights》 2015年第2期133-143,共11页
The basic categories of the Chinese socialist human rights theory consist of four elements, namely, human rights history, human rights concepts, human rights attributes and human rights protection. The category of the... The basic categories of the Chinese socialist human rights theory consist of four elements, namely, human rights history, human rights concepts, human rights attributes and human rights protection. The category of the human rights history includes ancient notions of human rights, classical human rights theory, Marxist human rights theory and the sinicized Marxist human rights theory. The category of human rights concepts includes the subjects, contents, forms, classification, origin and essence of human rights. The category of human rights attributes includes universality and particularity of human rights, harmony and confrontation between human rights, politicalness and a-politicalness of human rights, indivisibility between rights and duties, and conditioning of state power by human rights. The category of human rights protection includes human rights and sovereignty, human rights and democracy, human rights and the rule of law, human rights and property, human rights duty holders, and human rights education. 展开更多
关键词 socialism with Chinese characteristics human rights human rights theory category
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The Change and Constancy of “Equality Issue” in Human Rights Theory Research During the 40 Years of Reform and Opening-up
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作者 付子堂 汤博为 LI Man(译) 《The Journal of Human Rights》 2018年第4期347-355,共9页
In 1978, academia broke through the theoretical forbidden zone with the slogan of "equality before the law" and initiated a great discussion on some important legal issues including legal equality. During th... In 1978, academia broke through the theoretical forbidden zone with the slogan of "equality before the law" and initiated a great discussion on some important legal issues including legal equality. During the past 40 years since the reform and opening-up, the relevant research has changed from the ideological contention deeply influenced by class discourse to the abstract theoretical research where class discourse has been fading away, and then turn to the technical and concrete practical research. This "change" is clearly visible and, to a certain extent, reveals the track of the development of human rights theory. However, there is "constancy" in "change". "Constancy" not only lies in the study of legislative equality throughout the past 40 years, but also embodies the inherent logic of theoretical research in response to social development and changes in the times. 展开更多
关键词 human rights theory EQUALITY reform and opening-up
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The Practical Basis and Theoretical Innovation of Human Rights in Contemporary China——Theory of Human Rights Structure Moving towards Developmentalism
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作者 Research Group of the Center for the Study of Human Rights,Nankai University 常健 +1 位作者 NIU Huizi PAN Yingzhao 《The Journal of Human Rights》 2021年第1期28-59,共32页
The practice of human rights in contemporary China puts forward an urgent demand for the innovation in human rights theories.On the basis of summarizing the practice of human rights in contemporary China,the developme... The practice of human rights in contemporary China puts forward an urgent demand for the innovation in human rights theories.On the basis of summarizing the practice of human rights in contemporary China,the developmental theory of human rights holds that human rights are the value consensus and social norms fostered by the common crisis faced by all human beings under the background of globalization of market economy.The free,comprehensive and harmonious development of all people is the ultimate goal of human rights.Taking the right to human development"as a purposive right can provide more enlightening explanations for the relational structure of human rights. 展开更多
关键词 human rights theories structure of human rights the right to human development the developmental theory of human rights
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Relative Universality of Human Rights: Theory and Practice
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作者 FAN JIzENG 《The Journal of Human Rights》 2013年第2期24-28,共5页
Introduction After the birth of the Universal Declaration of Human Rights (UDHR), "universal human rights" became a novel formal legal term both in the field of jurisprudence and in the international community. T... Introduction After the birth of the Universal Declaration of Human Rights (UDHR), "universal human rights" became a novel formal legal term both in the field of jurisprudence and in the international community. The notion of "universal human rights" indicates the ideal of "all human rights for all." As the provision in Article 2 of the UDHR stated: "Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, color, sex, language, religion, politi cal or other opinion, national or social origin, property, birth or other status." However, some nonWestern govern ment officials and intellectuals have expressed doubts about the justifi ability of the term, which seems only to be a reflection of unique Western culture rather than Asian or Arabian ones. At the Vienna World Human Rights Conference, many heads of state said that universal human rights cannot be compatible with nonWest em culture. Even Lee Kuan Yew, the former leader of Singapore, declared in 1996: "Asian values are universal values. European values are European values.''~ This statement is obviously a rejection of the idea that human rights are universal. In contrast, universal rights extremists and human rights activists and NGOs, such as Amnesty International and Human Rights Watch, try to propagandize unified international human rights standards and international human rights re gimes. The debate continues from the diplomatic field to the academic field. But, in the foreseeable future, 展开更多
关键词 Relative Universality of Human rights theory and Practice
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On Dynamic Social Factors for Development of China’s Human Rights Theory
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作者 FAN JIZENG 《The Journal of Human Rights》 2011年第4期20-22,共3页
China's mainstream human rights theory has undergone tremendous changes since the reform-and-opening scheme was kicked off in the early 1980s. "Human rights," which used to be seen as a concept of capitalist ideolo... China's mainstream human rights theory has undergone tremendous changes since the reform-and-opening scheme was kicked off in the early 1980s. "Human rights," which used to be seen as a concept of capitalist ideology, is now an important part of the Chinese system of socialist values. 展开更多
关键词 On Dynamic Social Factors for Development of China s Human rights theory
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Strive to Break New Ground In Human Rights Ideas And Theory
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作者 ZHOU JUE 《The Journal of Human Rights》 2002年第1期3-4,共2页
Human Rights, the first international journal specializing in human fights in China, has been officially launched. This is something new in the annals of Chinese publishing history and also a mater of importance in th... Human Rights, the first international journal specializing in human fights in China, has been officially launched. This is something new in the annals of Chinese publishing history and also a mater of importance in the building of human fights theory in China. The launch of the journal is an indicator of China’s steady opening up and social progress and the healthy development of China’s human fights. For a considerably long period of time after the founding of New China, due to the influence of the ultra- 展开更多
关键词 Strive to Break New Ground In Human rights Ideas And theory
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Vigorously Boosting the Development of Chinese Human Rights Theory and Practice
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作者 QI YANPING 《The Journal of Human Rights》 2014年第5期16-17,共2页
We feel a great honor and heavy responsibil- ity upon the Human Rights Research Center at Shandong University being named one of China's national human rights education and training bases. In our view, national huma... We feel a great honor and heavy responsibil- ity upon the Human Rights Research Center at Shandong University being named one of China's national human rights education and training bases. In our view, national human rights education and training bases should keep up with the times, bring into full play their ad- vantages of uniqueness and openness, complement each other, make con- certed efforts to achieve innovation and vigorously boost the development of Chinese human rights theory and practice. The university center will continue to bring into play its tradi- tional strength in theoretical research and graduate education and work hard to fulfill all the tasks of the center. It will focus on the following work. 展开更多
关键词 Vigorously Boosting the Development of Chinese Human rights theory and Practice
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The Three Principles of Institutional Safeguards for Women's Participation in Legislation in China
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作者 刘睿 JIANG Yu(Translated) 《The Journal of Human Rights》 2024年第2期325-346,共22页
The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship id... The participation of women in legislation is an important aspect and means of safeguarding women’s rights.Feminist theory,based on criticism of both the“citizenship identity theory as rights”and the“citizenship identity theory as responsibilities,”proposes the“citizenship identity theory as subjectivity.”Observing the current practice of women’s participation in legislation in China,two institutional safeguard principles can be summarized:the“minimum proportion”and the“influence evaluation.”However,each of these principles has its inherent limitations.Therefore,it is necessary to supplement them with the principle of“subjective participation”in a reflective manner.This principle requires women to participate substantively in the legislative process as subjects,express women’s needs and demands,input women’s perspectives and experiences,and reconstruct the distribution of rights and responsibilities in the existing legislation.The three principles complement each other and work together to comprehensively constitute the institutional structure of women’s participation in legislation,thereby promoting the reproduction of corresponding action structures. 展开更多
关键词 citizenship identity theory FEMINISM women’s rights participation in legislation SUBJECTIVITY
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The New Contribution to the Important Discourse on Human Rights by General Secretary xi Jinping 被引量:1
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作者 刘海年 HU Liang(译) 《The Journal of Human Rights》 2018年第3期263-284,共22页
Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the streng... Under the background of the fact that human rights protection has become an important part of the socialist construction with Chinese characteristics in the new era, and with the international background of the strengthened trend of mainstreaming of human rights, Xi Jinping’s series of speeches and the 19 th CPC national Congress reports comprehensively explained the construction of human rights in China and the development of the international human rights. The important discourse on human rights by General Secretary Xi Jinping is people-centered: people’s yearning for a better life is our goal and reveals the source of human rights. Chinese dream is a dream of the country, of the nation, and of everyone in China. The close integration of individual and collective human rights points out that the state and people are important parts of collective human rights and it is an effective response to the "human rights over sovereignty" of Western countries. That there are not the best human rights, but the better ones; fighting for human rights is not always done, but always doing scientifically reveals the operational form of human rights. The right of survival and development is the primary human right; to attach importance to the right of peace conforms to the reality of our country and it has the support of the vast number of developing countries. Building a community with a shared future for human beings is a new vision for the development of the international human rights. only when the perfection and implementation of Constitution and law are paid attention to, and the democratization and legalization of the international human rights cause are promoted, can the guarantee be provided for the realization of human rights. The important discourse on human rights by General Secretary Xi Jinping is guided by Marxism, carries the communist party member’s original intention of serving people and is deeply rooted in the masses of the people. It inherits the theory of "benevolence" and "harmony" in Chinese culture,stands at the height of history and times, and points out the direction for the all-round development of Chinese people and the overall progress of society, and for the liberation of all mankind. This scientific theory is successfully guiding China’s human rights construction constantly towards new achievements and has had a profound and extensive impact on the international human rights cause. 展开更多
关键词 human rights theory the origin of human rights collective human rights operational patterns a community with a shared future for human beings
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Justification and System Arrangement of Virtual Property Rights——Comments on Article No. 127 of General Provisions of the Civil Law
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作者 Li Yan Ge Hongquan 《Contemporary Social Sciences》 2019年第2期1-20,共20页
In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify ... In the process of formulating the General Provisions of the Civil Law of P. R. China, the attribute of virtual property rights has changed from real rights to non-real rights. Article No. 127 thereof does not clarify the nature of virtual property rights after all, and the place where virtual property is put in the "Civil Rights" chapter of General Provisions of the Civil Law makes the concept even more complex and confusing. The "relationships paradigm" protection of virtual property does not have a definite classification criterion, nor stands opposite to the "rights paradigm." There are two different ways to justify the "theory of virtual property as a real right" under the "rights paradigm" protection, namely, essentialism and consequentialism. The former resulted from utilizing features in a demonstration and identifying disposal rights with real rights, while the latter resulted from adherence to the dichotomy system of property rights comprising real rights and creditor's rights. From the perspective of larceny in Criminal Law and virtual property insurance in The Social Insurance Law, the attribute of virtual property rights is irrelevant to creditor's rights. The attribute of virtual property rights shall be defined as virtual property rights so that it can be included in the system of civil rights. The uniqueness of virtual property is enough to become an object of emerging civil rights; intangible property rights as a superordinate theoretical concept cannot reflect the essence of virtual property rights. The legislative frame of virtual property rights shall be comprised of the subject, object, exercise, publication and change of the rights. 展开更多
关键词 VIRTUAL PROPERTY theory of VIRTUAL PROPERTY as a real right theory of VIRTUAL PROPERTY as a creditor's right intangible PROPERTY rightS VIRTUAL PROPERTY rightS
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The Right to Life, Voluntary Euthanasia, and Termination of Life on Request
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作者 Elias Moser 《Journal of Philosophy Study》 2017年第8期445-454,共10页
In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it c... In this article, the logical implications of a right to life are examined. It is first argued that the prohibition of Termination of life on request confers an inalienable right to life. A fight is inalienable if it cannot legitimately be waived or transferred. Since voluntary euthanasia entails waiver of the right to life, the inalienability yields that it cannot be justified. Therefore, any ethical position that is in favor of voluntary euthanasia has to argue that the right to life is an inalienable right and accept the conclusion that killing on request is justified. 展开更多
关键词 medical ethics legal theory right to life inalienable rights voluntary euthanasia killing on request
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Confrontation and Integration:An Analyze the Mechanism of Rights Transformation in Urban Renewal from the Perspective of Space Theories
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作者 Meng Chiu Chang Chien Han 《Macro Management & Public Policies》 2019年第1期18-26,共9页
As one of the subjects under city-related discussions,locality carries significance in the dimensions of both political and economic space.Western researches have brought about various arguments based on theories of h... As one of the subjects under city-related discussions,locality carries significance in the dimensions of both political and economic space.Western researches have brought about various arguments based on theories of human geography,particularly in the area of urbanization.Taiwan adopts urban renewal as an important approach of revitalizing cities.In view of space theories,multiple political and economic confrontations have occurred during the process of spatial differentiation and reproduction.The analysis on the social phenomenon derived from the urban renewal in Taiwan,China from the perspective of political and economic space,taking into consideration of the correlation between capital and rights,suggests the ongoing development of a new growing pattern of cities under the contention or collaboration among industrial,governmental and academic communities. 展开更多
关键词 Urban RENEWAL SPACE theories RENT gap rightS TRANSFORMATION
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The Gist of the Marxist view on Human Rights
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作者 谷春德 An Di(译) 《The Journal of Human Rights》 2018年第3期245-251,共7页
Marx and engels’ great ideology contains rich thought on human rights. Based on the class structure and social development in their lifetimes, the two founders of Marxism profoundly revealed the essence of human righ... Marx and engels’ great ideology contains rich thought on human rights. Based on the class structure and social development in their lifetimes, the two founders of Marxism profoundly revealed the essence of human rights. They revealed the historical process, class essence and hypocrisy of the bourgeois human rights, and expounded the important principle that human rights are always subject to economic and social development. The Marxist of human rights theory emphasizes that even in a capitalist society, the proletariat should not abandon its efforts to strive for human rights, and that the proletariat should use human rights well to improve their survival and development conditions as well as the advancement of the society as a whole. In the localization process of Marxism in China, the Marxist view on human rights has been further developed and innovated in China, and the socialist human rights theory with Chinese characteristics has been formed, which is used to guide the development of China’s human rights cause. 展开更多
关键词 MARXISM human rights the proletariat SOCIALIST human rights theory with Chinese characteristics
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The Development of International Human Rights Law and the Chinese Contribution to the Global Human Rights Cause
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作者 迟德强 YIN Tao(译) 《The Journal of Human Rights》 2019年第6期802-814,共13页
Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption ... Prior to World War II,human rights were mainly considered to be matters that came under the domestic jurisdiction of each state.The United Nations Charter,adopted in 1945,includes human rights provisions.The adoption of the Universal Declaration of Human Rights in 1948 that marked the initial formation of international human rights law.Today,the world has formed a relatively comprehensive system of international human rights law and mechanisms.Since the founding of the People’s Republic of China,and in particular after she introduced reform and opening-up policy in 1978,the Chinese government has actively participated in international human rights causes.To date,the Chinese government has ratified 26 human rights conventions and fulfilled the obligations required by these.China has put forward and continually enriched human rights theory of socialism with Chinese characteristics,emphasizing the importance of state sovereignty in safeguarding human rights and the resolution of human rights controversies through dialogue,thereby contributing to the global human rights cause. 展开更多
关键词 international HUMAN rightS law theory of HUMAN rightS with CHINESE characteristics SOVEREIGNTY
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